Legal Question in Business Law in India

Would like to know if my online business is legal or not

My inquiry is in regards to home business in India. My home business is called Project Internet. The product is a 12 month business course. The monthly fee for each month is Rs.2500. Every month for 12 months I sell the monthly instalment to my clients (they receive the instalment through email) which they in turn sell to their clients for the same amount. My doubt is if it is legal inside India to re sell this package over and over again to other people. I do know that this is legal outside India like the USA, but I am not completely sure about India. My friend (who has no background in legal matters) said this might be illegal because re selling something in India is illegal, so it made me a little nervous. Please help.


Asked on 7/05/02, 3:53 pm

3 Answers from Attorneys
Ramaswami Natarajan Ramaswami & Associates

Re: Would like to know if my online business is legal or not

What is the product you are selling. Some Email attachment with a license to resellto your clients to any other number of people and so they can continue the money chain and do the same thing and make money. It carries a strong sense of a clever manipulation for money circulation schemes which are illegal. Yes, this business carries the strong possibility of being considered an illegal and a punishable one.It is irrelevant that some country may allow it.

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Answered on 7/05/02, 5:23 pm
Philip Mathew Philip's&Co

Re: Would like to know if my online business is legal or not

Resale of educational package material is legal and valid in India provided there is no copyright vested with the original provider. In that case either he should assign the copyright along with the package material or it should be shown by the copyright owner that he will not raise any claim over the copyright. It will be better to have an agreement executed for subsale or resale of the package material subject to the conditions which you would like to incorporate. There is absolutely nothing wrong in resale of the material under the above conditions.

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Answered on 7/05/02, 11:32 pm
dr Vedula Gopinath Gopinath Corporate Lawyer

Re: Would like to know if my online business is legal or not

dear sir/madam

first of all i would like to know the contract between the seller and buyer.

also i would like to know whether the subject goods are proprietory, trade mark, copyrighted in which case as per the terms of sale certain goods are meant for consumption while some are for resale.

i am not sure whether the terms of sale falls in one of the above.

mostly in softwasre business the user is supposed to act as per licence/assignment terms and not otherwise.

from the above you can draw your own conclusions. if needs, please do conslult me. thanks

vedula gopinath

corplawyer

[email protected]

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Answered on 7/06/02, 3:32 am


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